Forty-Six Years in the Army by John McAllister Schofield (e ink ebook reader .txt) 📖

conferred on all officers who had graduated, or should graduate, either first or second from the Artillery School, or first, second, or third from the Infantry and Cavalry School: the same to appear with their names in the Army Register as long as such graduates should continue on the active or retired list of the army. . . ." FITZ-JOHN PORTER'S RESTORATION TO THE ARMY

In August, 1886, after the passage of a bill by Congress, General Fitz-John Porter was restored to the army, as colonel, by President Cleveland. When I was in the War Department in 1868, General Porter had come to me with a request that I would present his case to the President, and recommend that he be given a rehearing. I declined to do so, on the ground that, in my opinion, an impartial investigation and disposition of his case, whatever were its merits, could not be made until the passions and prejudices begotten by the war had subsided much further than they had done at that time. In the course of conversation I told him that while I never permitted myself to form an opinion of any case without much more knowledge of it than I had of his, I presumed, from the finding of the court- martial, that he had at least been guilty of acting upon what he supposed to be his own better judgment under the circumstances he found to exist, instead of in strict obedience to General Pope's orders. He said that was not the case; that he had not even literally disobeyed orders; that in so far as he had acted upon his own judgment, he had loyally done all that could be done to carry out General Pope's wishes; and that all he wanted was an opportunity to prove such to be the facts. I replied that if he could prove what he stated beyond question, he would of course have a case worthy of consideration—not otherwise. Nothing was said in respect to the facts or the evidence in contravention of the judgment of the court-martial which tried him. Hence, beyond that above stated, I had no knowledge of his case when the board of review, of which I was president, met in 1878 to hear the new evidence; and I believe neither of the other members of the board —Generals A. H. Terry and George W. Getty—was any better informed.

The duty of the board was very different from that of a court- martial appointed to try an original case. The accused had already been tried and convicted. He was not to have a new trial. He could not have any benefit whatever of any doubt that might exist after all the evidence, old and new, had been fully considered. He must prove his innocence positively, by absolutely convincing evidence, or else the original judgment of the court-martial must stand. This view of the issue was fully accepted by General Porter and his counsel. This caused a new and peculiar duty to devolve upon the board—at least it was so to me; that is, to find, if possible, some view of all the evidence, or of all the facts established by the evidence, that could be regarded as consistent with the theory or supposition that Porter was guilty.

When the evidence was all in, the members of the board separated for several weeks to let each examine all the evidence and reach his own conclusion, to be presented in form at the next meeting of the board. I believe I devoted more earnest work to the examination and analysis than I had ever done to any one thing before in my life. I tried in succession every possible explanation of the established facts, in the effort to find some one consistent with the theory that Porter had been guilty of disobedience, as charged, or of any other military offense. But I could not find one, except the very patent one that he had sent despatches to Burnside which were by no means respectful to Pope; and the board expressed an opinion in condemnation of that, which Porter's counsel very frankly admitted to be just.

In the course of that long and earnest effort to find Porter guilty, —for that is what the effort was in effect,—the whole story of his conduct and of the operations of the two opposing armies and the actions of other prominent officers became so clear, and his honorable and soldierly conduct so absolutely demonstrated, that it was exceedingly difficult, in view of all the wrong he had suffered, to write a cold judicial statement of the facts. The first draft was toned down in many particulars in the effort to bring it within the strictest rules of judicial decisions. I have sometimes thought since that if the report of the board could have been much colder, it might have been better at first for Porter, though less just. But I do not think he or any of his companions and friends will ever feel like finding fault because the board could not entirely suppress the feelings produced by their discovery of the magnitude of the wrong that had been done to a gallant fellow- soldier.

GENERAL GRANT'S OPINION

The first time I met General Grant after the decision of the board was published was very soon after he had published in 1882 the result of his own investigation of the case. He at once introduced the subject, and talked about it for a long time in the most earnest manner that I ever heard him speak on any subject. He would not permit me to utter a single sentence until he had gone all over the case and showed me that he understood all its essential features as thoroughly as I did, and that his judgment was precisely the same as that which the board had reached. He intimated very decidedly that no impartial and intelligent military man could, in his opinion, possibly reach any other conclusion. The general evidently desired to make it perfectly clear that he had not adopted the opinion of a board of which I was a member, nor that of any one else; but that he had thoroughly mastered the case for himself, and formed his own judgment in regard to it. I take pleasure in recording the fact that he unquestionably had done it, and I never knew a man who could form more positive opinions, or one who could express them more convincingly, than General Grant.

The board was not called upon the express any opinion respecting the action of the court-martial upon the evidence before it, and it would have been manifestly improper to do so. Speaking for myself, and not for any other member of the board, I do not now hesitate to say that the finding and sentence of the general court- martial which tried General Fitz-John Porter were not justified by the evidence before that court. In my judgment, formed from long observation and much experience, the passions of warfare often render the administration of justice impossible. A suggestion once made to me by a man in very high military authority, that a finding and sentence of court-martial rendered in time of war should be regarded as res adjudicata, produced in my mind the painful impression that a very great man did not find the word "justice" anywhere in his vocabulary; and I watched for many years the conversation and writings and public speeches of that man without finding that he ever made use of that word, or ever gave as a reason for doing or not doing anything that it would be just or unjust. In his mind, whatever might have happened to any person was simply a matter of good or bad fortune which did not concern him. He refused even to consider the question whether injustice had or had not been done, or whether the operation of a law was not relatively unjust to some as compared to others. When to such natural character and habits of thought are added the stern necessities of war as viewed by a commander and many other officers, what possible chance of justice can be left to an unfortunate man?

It is true that even if the life of an innocent man may have been sacrificed under the stern necessities of discipline, that is no more than thousands of his fellow-soldiers have suffered because of the crimes and follies of politicians who brought on the war. But that is no reason why his memory as well as those of his comrades should not be finally honored, if it can be proved that, after all, he also was innocent and brave.

In my opinion, no government can be regarded as just to its army unless it provides, under appropriate conditions, for the rehearing of cases that may be tried by court-martial in time of war. Perhaps it may most wisely be left for the President and Congress to institute appropriate action in each individual case. That is a matter for mature consideration. My only desire is to suggest the necessity for some such action, whenever reasonable grounds for it may be presented. I have no respect for the suggestions sometimes urged that labor and expense are sufficient grounds for failure to secure justice to every citizen or soldier of the republic, whether at home or abroad.

SENATOR LOGAN'S EXPLANATION

Soon after General Logan's last election to the Senate, I had a very interesting and unreserved conversation with him, at his house in Chicago, in respect to his action in the Porter case. He spoke of it with evident candor, acknowledged that his view of the case was probably wrong, and as if to excuse his mistake, volunteered an explanation as to how he came to take that view of it. He told me that when he found that the case might probably come before Congress, he wanted to prepare himself in advance as far as possible to deal with it justly, and to defend the right effectively. Hence he went to General Grant to obtain the best possible view of the military questions involved. General Grant gave him the theory of the military situation and of the operations of the opposing armies, as well as that of Porter's own conduct, which had been presented to, and evidently accepted by, the court-martial, as presenting the true merits of the case. General Logan accepted that theory as unquestionably correct, and bent all his energies to the construction of unanswerable arguments in support of Porter's condemnation.

At that time neither General Grant nor General Logan knew anything of the new evidence which was afterward submitted to the board of review. Logan's powerful arguments in the Senate were based upon the preconceived idea of the case, supported by such part of the new evidence, as well as of the old, as could be made to support that view. In reply to my statement that he had unquestionably been led astray, he said that that was quite probable, but that Grant was responsible, and that it was then too late to change. I do not think that anybody will now hesitate to say that General Grant's view of his duty in respect to this last point was the more to be commended. But the fact I wish to record is that of Logan's sincerity in the great efforts he had made to convict Porter on the floor of the Senate, and his explanation of the way in which he had been led into the greatest possible error. It suggests the reflection that even a senator of the United States might better form his own opinions rather than adopt those even of the highest authority, when the only question involved is one of justice, and not one of public policy, in which latter case differences of opinion must of